HomeMy WebLinkAboutC-5207 - PSA for Balboa Boulevard Landscape Enhancement Projectst
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AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR
BALBOA BOULEVARD LANDSCAPE ENHANCEMENT PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( °Amendment No. Two ") is made and entered into as of this 19th day of February, 2014
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City'), and DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC., a California corporation ( "Consultant "), whose address is 151
Kalmus Drive, Suite M8, Costa Mesa, CA 92626, and is made with reference to the
following:
RECITALS
A. On August 14, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for professional landscape design and engineering
services for the Balboa Boulevard Landscape Enhancement Project ( "Project ").
B. On April 2, 2013, City and Consultant entered into Amendment No. One to the
Agreement ( "Amendment No. One') to reflect additional services not included in
the Agreement and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement as amended and to increase the total
compensation.
D. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated January 30, 2014, attached hereto as Exhibit A and incorporated herein
by reference ( "Services" or "Work'). Exhibit A to the Agreement, Exhibit A to
Amendment No. One and Exhibit A to Amendment No. Two shall collectively be known
as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventy Nine Thousand Six Hundred Ninety Four Dollars and 741100
($279,694.74), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirteen Thousand Nine Hundred Dollars and 00 /100 ($13,900.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
David Volz Design Landscape Architects, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: —
By:
Aaron C. H rp
City Attorney AP
ATTEST: a
Date: v� ' t
By: pwh� lkm:�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: C---�
Dave
City Manager
CONSULTANT: DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC., a
California corporation
Date: 2 - 06 -)+
By:
D\avKJ. Volz
President and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services dated January 30, 2014
David Volz Design Landscape Architects, Inc. Page 3
II
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David Volz Design Landscape Architects, Inc. Page A -'I
January 30, 2014
Ms. Iris Lee
City Hall
100 Civic Center Drive
Newport Beach, CA 92660
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151 Kaknm Ome,Suke.MB
Casts Mesa, CA 42624
phone 71,L641.1300
fax 714.641.1323
Re. Balboa Boulevard Inrproven3ents — CalTrans Permiffing and Construction Period
Support Services
Dear Ms. Lee,
Coachella VoRer O;rylae
78060 Cana Fsukdo
La 4dinta. CA 42253
phone 760.3&13165
fax 760.564.0364
The construction work for this exciting project is underway and David Volz Design would like to
assist the city in the oversight of the construction and to work with you and CalTrans to gain a
permit for this Jack- in -tbe -box corner work
Attached is a scope and fee from our Engineer, Civil works, that addresses the engineer aspects
of this proposal. DVD's team would also like to assist in the oversight of the construction work
especially the aesthetic olementa, reviews and approvals as, the work moves forward. We would
anticipate five to six site visits and some office time for RF1's and submittals. The following
time and materials fee is proposed.
1. Construction reviews, RFI and submittal assistance
Estimated ti site. reviews and 10 hours of office time $5,000
2. Engineering Support per the attached letter
(includes 15% mark up) $8,400
The geometry for the corner improvement alternatives has been submitted to CalTrans. You will
be updated on the reviews as soon as we hear from their engineers.
We are looking forward to helping make this a smooth construction project and are excited to be
a part of this community improvement work. Please call with any questions.
Very truly yours,
1TiN V i" *33�1Qt11
. Volz, RLA # 2375
LEED Accredited Professional, QSDlP
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CMI W "ps Engineers
January 23, 2014
Mr. David Volz
David Voiz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Subject: Coast Highway at Balboa Boulevard Improvements
Caltrans Permitting
Dear David:
In accordance with your request, please accept this letter as our scope and fee to address
additional Caltrans concerns and requests related to narrowing the roadway on Coast Highway
at the Balboa Boulevard intersection, and construction services for the project.
CWE shall complete the following tasks
Task 1— Caltrans Coordination
• Attendance at site meeting with Caltrans and City personnel.
• Prepare roadway geometric alternatives to address Caltrans concerns and issues.
• Coordinate and submit City preferred geometric alternative to Caltrans for review.
• Revise Caltrans permit construction plans in accordance with Caltrans geometric
alternative review comments.
• Address Caltrans comments.
• Obtain Caltrans Permit.
Task 2 - Construction Services
• Attend four (4) site meetings.
• Review and respond to civil related RFls and submittals.
• Prepare details / revise plans as required to address RFls and /or City requested
changes.
• Prepare as- builts (based on Contractor and /or City provided redlines)
• Coordinate with project team.
Our fee to complete the above work is:
Task 1— Caltrans Coordination $ 3,160
Task 2 - Construction Services $ 4,565
TOTAL $ 7,725
3151 Airway Avenue, Suite T -1 . Costa Mesa , CA . 92626
Balboa Blvd
David Vola Design
The following items are excluded from our scope:
• Irrigation and landscape design and calculations
• Traffic control plants
• Traffic signal modification
• Preparation of Caltram Fact Sheets
• Plan check, Inspection and permit fees
• Coastal Commission coordination and processing
If you have any questions please call David Grantham at 714.966 -9060.
Sincerely,
Marie Marston, P.E.
President
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
1 WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR
�) BALBOA BOULEVARD LANDSCAPE ENHANCEMENT PROJECT
THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFEIONAL
SERVICES ( "Amendment No. One ") is made and entered into as of this �n day of
AP,PL- 4darch, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City "), and DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC., a California corporation ( "Consultant "), whose address is 151
Kalmus Drive, Suite M8, Costa Mesa, CA 92626 and is made with reference to the
following:
RECITALS
A. On August 14, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement") to provide professional landscape design and
engineering services ( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement and to increase the total compensation.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated February 20, 2013, attached hereto and incorporated herein by
reference ( "Services" or "Work "). The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Sixty Five Thousand Seven Hundred Ninety Four Dollars and 741100 ($265,794.74)
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTgqRN Y'S OFFICE
Date: 3/la ,��
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: j�v `� By:
Aarha,b. Harp Dave iff
City Attorney 31�� City Manager
ATTEST:
Date:
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By: °
b&1-
Leilani I. Brown
City Clerk
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CONSULTANT: DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC., a
California corporation
Date: 3-16 - 13
David J. Volz
President
Date: % • Ito
By
Y-
By 1
David J. Volz
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work dated February 20, 2013
Exhibit B - Schedule of Billing Rates dated March 6, 2013
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 2
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EXHIBIT A
SCOPE OF WORK DATED FEBRUARY 20, 2013
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page A -1
February 20, 2013
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www.dvol:design.com
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151 Kaiana DwImSulsa.118
Cosm Mesa, CA 92626
phone 714.641.1308
fax MA41.1)n
CoachNla Valley Office
78864 Cade Esudo
Ms. Iris Lee, P.E. 6a QWnta.CA 91253
Sr. Civil Engineer phan0760380.5165
3300 Newport Boulevard fax 760.564.0369
Newport Beach, CA
REQUEST: BALBOA AVENUE — SOUTHEAST CORNER OF WCH (JACK IN
THE BOX) — REQUEST FOR CHANGE OF CONTRACT SCOPE
Dear Ms. Lee,
As requested, I have prepared this proposed addition to the project scope to address
this added project area. This new area will include the proposed narrowing of West
Coast Highway from the curb return to the easterly restaurant driveway on WCH. The
new curb alignment will allow for additional R.O.W. landscaping at this corner. The
traffic signals will not be modified under this scope of services.
The landscape beautification work will include new sidewalk and landscape along with
length of the widening. Also, intended to be Included and designed, is a monument at
the corner with large palm trees to compliment the opposite corner palm tree
Installation, A green screen, low wall and street trees will be included along Balboa
south to the driveway apposite River Avenue.
The civil design work and survey services are identified In the attached Civil Works
Engineer's proposal dated January 28, 2013. The landscape Improvements will Include
the following estimated production hours.
Principal Landscape Architect
20 hours
Design Professional
40 hours
Administrative Services
4 hours
The proposed fee, to be billed on a time and materials basis, has two components: 1)
civil and survey work - $12,264.74 (includes 15% mark -up), 2) landscape architect
$10,000.
These design drawings will be included in the overall construction document package.
With this work Included we anticipate providing a complete plan check ready set of
plans In about four weeks from now.
Please let me know if you have any questions, or if you need additional information. If
you find this additional services request acceptable, please send me a note authorizing
us to proceed with the work.
Very truly yours,
D VOLZ DESIGN
•
David J. Volz, RLA #2375
LEED Accredited Professional, QSD /P
Attachment: Civil Works Engineer's letter dated January 28, 2013
U
January 28, 2019
Mr, David Voiz
David Volz Design
151 Kaimus Drive, Suite M8
Costa Mesa, CA 92626
Subject: Coast Highway at Balboa Boulevard Improvements
City of Newport Beach
Dear David:
•
In accordance with your request, please accept this letter as our scope and fee to prepare
construction documents related to narrowing the roadway on Coast Highway at the Balboa
Boulevard Intersection, adjacent to the Jack -in- the -Sox restaurant. The Omits of work are
expected to Include the curb return at Balboa Boulevard through the easterly restaurant
driveway on Coast Highway.
The Improvements are limited to removal and reconstruction of sidewalk, curb and gutter and
pavement on the south side of Coast Highway., The existing pavement striping and raised
medians will be protected In place, it Is also assumed the existing traffic signal will not require
modification.
CWE shall complete the following tasks:
Task f - Sumay
• Complete one day of detailed ground survey at specific areas as required.
• Update project basamap.
Task 2 - Constnrction Documents
• Prepare geometric layout of roadway Improvements Including driveway approach.
• Using the City approved geometric layout, prepare civil related construction documents,
Including:
• Typical Sections
• Street Improvement Plan and Profile
• Construction Details
• Prepare construction quantities and estimate
• Prepare civil related specifications.
• Respond to plan check comments.
• Prepare Caltrans encroachment permit application and process through Caltrans.
• Coordinate with project team.
3151 Airway Avenue, Suite T -1 . Costa Mesa . CA . 02626 .
T 714.966.9060 , F 714,966.9095 , www.civilworksengiiieers.com
P
Balboa Blvd
David Volz Design
it is assumed this work will be added to Balboa Boulevard plan submittal package and a
separate plan package is not required.
Our fee to complete the above work Is:
Task 1- Survey $ 2,910
Task 3 - Construction Documents $ 7,755
TOTAL $ 10,666
The following Items are excluded from our scope:
• Irrigation and landscape design and calculations
• Traffic control plans
• Traffic signal modification
• City processing
• Plan check, Inspection and permit fees
• Coastal Commission coordination and processing
If you have any questions please call David Grantham at 714 -96 6-9050.
Sincerely,
Marie Marston, P.E.
President
2of2
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EXHIBIT B
SCHEDULE OF BILLING RATES DATED MARCH 6, 2013
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page B -1
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DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR
BALBOA BOULEVARD LANDSCAPE ENHANCEMENT PROJECT
THIS AGREEMENT FOR PROFESSIONALSERVICES ( "Agreement') is made
and entered into as of this +J� day of Vn 2012 ( "Effective Date ") by
r� and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California
111) Corporation ( "Consultant'), whose address is 151 Kalmus Drive, Suite M8, Costa Mesa,
CA 92626 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional landscape design and
engineering services for the Balboa Boulevard Landscape Enhancement Project
( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be David J.
Volz.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2014 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain services within the Scope of Services at its sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) of the occurrence causing the delay to the other
party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Two Hundred Forty -Three Thousand, Five Hundred Thirty
Dollars and 00 /100 ($243,530.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David J. Volz to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris Lee,
Senior Civil Engineer, or his /her designee, shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his /her designee shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 3
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7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 4
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all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 5
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without speck written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
0 !
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tiffl files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 7
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22. RECORDS
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Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 8
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City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Iris Lee, Senior Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3323
Fax: (949) 644 -3318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David J. Volz
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Phone: (714) 641 -1300
Fax: (714) 641 -1323
28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 9
• •
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 10
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30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO Ng'S OFFICE
Date: `7 a D
CITY OF NEWPORT BEACH,
A Californi punicipal corporation
Date: ClL/v
By:
Aa o . Harp 1 Nancy Ga
City Attorney �I Mayor
ATTEST:
Date: • 1 '
CONSULTANT: DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC., a
California corporation
Date: 5 - 2-0 - +Z-
4m"� - hm,-- -
By:
Leilani I. Brown J. Volz
City Clerk 0 President and Secretary
F F ��► Date: £3 -20 -t Z
r jr�
y. .
J. AVOIZ
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
documentl
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 12
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EXHIBIT A
SCOPE OF SERVICES
[Contractor Firm Name] Page A -1
June 14, 2012
REVISED JULY 2, 2012
Ms. Iris Lee, P.E.
Sr. Civil Engineer
3300 Newport Boulevard
Newport Beach, CA
RE: WEST NEWPORT LANDSCAPE ENHANCEMENT PROJECT
BALBOA BOULEVARD FROM WEST COAST HIGHWAY TO
22nd STREET
Dear Ms. Lee,
w .dvohdesign.com
Home Office
151 Kalmus Drive, Suite. MB
Costa Mesa, CA 92626
phone 714.641.1300
fax 714.641.1323
Coachella Valley Office
76060 Calle Estado
La Quints, CA 92253
phone 760.580.5165
fox 760.564.0369
The West Newport Citizens' Advisory Committee envisioned a great landscape
enhancement of this important thoroughfare, the western gateway to the Balboa
Peninsula. Staying within the public right of way and respecting the important function
of this high traffic street, the committee has put forth a plan to add significant green
space to the median and parkway areas. This first phase of the West Newport
improvements will also provide design for the proposed street corner enhancements at
the southwest corner of Coast Highway and Balboa Boulevard. This corner landscape
enhancement will include new identity sign, sidewalk improvements and pedestrian
amenities.
David Volz Design proposes to provide the design and engineering services required to
further develop the concepts and to prepare construction documents for this project.
Our team is looking forward to working with you and the Newport Beach Public Work's
staff to ready this work for funding, bidding, and construction. The following project
scope and proposed services will deliver plans and specifications for the described
project. Our work plan includes design development, preliminary engineering and final
construction documents.
Project Scope
The following segments make up the project scope. The anticipated improvements are
defined conceptually in the West Newport Landscape CAP documents that were
prepared at the end of last year. Below is a general description of the proposed
construction program.
1. Balboa Boulevard from West Coast Highway to 32 "d Street
The existing landscaped medians along this reach will be cleared of all
landscape and pavement, except the palm trees, and replanted with new
landscapes (approximately 16,000 s.f.). The construction of new landscaped
medians will be built as depicted on the concept plans (1$,500 s.f.) Parkway
improvements with new landscaped pavement in approximately 45 locations will
be designed along the street edge. The two bus stop areas will be improved with
new landscapes. A new irrigation system will be installed along the length of this
street. The construction budget for this work is one million dollars.
2. Balboa Boulevard to 22nd Street
This work will be a continuation of the landscape improvements identified above.
All street medians will be new constructions (approximately 6,000 s.f.). Street
edge enhancements will include 14 new tree pop -out locations and improved
landscape at the 26th Street parking lot (4,000 s.f.). The construction budget
estimate for this work is $350,000.
3. Balboa Boulevard and West Coast Highway Corner Improvements
These proposed improvements are depicted conceptually within the documents
prepared for the West Newport Landscape CAP. Further definition is needed it
order to determine the exact improvements to be implemented. The first phase
of development will include the south western corner. The other corners will be
designed in future phases.
Southwest Corner
A new city monument sign, landscape and sidewalk enhancements and walls
and seating are anticipated at this corner. The construction budget estimate
for these improvements is $180,000.
Services To Be Provided:
David Volz Design proposes to provide the following services to prepare construction
documents for the above identified improvement program.
1. Project Initialization
1.01 Initial kickoff meeting
a. Review project criteria + program objectives
b. Review procedures + design schedule
c. Assign calendar dates to each milestone
1.02 Data Collection
a. Prepare site base maps; city to supply survey data for existing
street improvements
b. Collect utility information + record documents
c. Catalogue available documents + plans
1.03 Perform Field Investigations /Staff Design Workshop
a. Review site + conduct workshops with city maintenance personnel
b. Confirm opportunities + potentials identified in concept plans
c. Identify constraints + existing conditions
d. Document design development areas
2. Design Development
2.01 Prepare layout plans + select materials
a. Prepare initial design details
b. Submit materials list for review
c. Finalize design development plan with city staff
d. Identify order of magnitude construction costs
3. Design Development Presentations
3.01 Prepare Graphic illustration of improvement details
3.02 Identify Costs + Alternatives
3.03 Present to committee, commission or council as necessary
3.04 Annotate design development documents Based Upon Input from City
Staff
PHASE I MEETINGS + DELIVERABLES
• 3 Meetings with City Staff Anticipated
• Commission Presentation (if needed)
• Site Base Map /Preparation
• Design Development details and materials
submittal
• Construction Budget Estimate
• Identify civil engineering scope of work
PHASE II CONSTRUCTION DOCUMENTS
1. Construction Documents
1.01 Construction Plans
a. Demolition plan
b. Construction plan + details
Ll
c. Irrigation plan + details
d. Planting plan + details
e. Prepare outline specifications
1.02 Specifications + Construction Cost Budget Estimate
a. Prepare technical section specifications
b. Prepare budget estimate
2. Quality Control + Final Submittal
2.01 Provide QA/QC Review by DVD Principal
2.02 Revise Documents Based Upon City Review
2.03 Turnover Final Construction Documents
PHASE 11 MEETINGS + DELIVERABLES
• 2 Meetings Anticipated
Plans, Specifications + Budget Estimate
LJ
PROFESSIONAL FEES
David Volz Design proposes to provide the identified scope of services on a time and materials
basis. The proposed total fee estimate for these services is $195,890, plus $24,495 estimate
for civil engineering. Electrical engineering, structural engineering and other professional
support services are not anticipated to be needed at this time. Reimbursable expenses will be
billed at cost plus 15 %. The estimated reimbursable cost is $2,500. The attached spreadsheet
indicates the initial allotment of hours by task and item. The total proposed fee budget is
$243,530.00.
Invoicing will be prepared monthly for the hours expended. A listing of hours by task and
personnel can be provided when requested. Post design services and other services not
specifically listed are not included in this proposed fee.
PROJECT SCHEDULE
David Volz Design proposes to work closely with the City to accomplish the tasks identified in an
efficient and mutually agreed upon schedule. The following schedule should allow for ample
City reviews and time to prepare the project deliverables.
Phase I Design Development
• Project Initialization 3 weeks
• Design Development 8 weeks
• Design Development Presentations As Needed
Phase II Construction Documents
1. Construction Documents Preparation 12 weeks
2. City Review 4 weeks
3. Final Construction Documents 3 weeks
David Volz Design is looking forward to providing the project services to enable bidding and
construction of this great improvement project. We are looking forward to working with you and
all of the Newport Beach City staff to ensure a successful implementation of the version
developed through the concept phase work that was completed last year.
I will lead the DVD efforts and be your point of contact throughout this commission. Should you
have any questions about this proposed or our proposed work effort, please do not hesitate to
call.
Very truly yours,
A1V110 VHLM IMXNb'N
JiAJ. Volz, RLA #2375
LEED Accredited Professional, OSD /P
Attachment: Civil Proposal
Civil Wort¢ Engineers
June 28, 2012
Mr. David Volz
David Volz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Subject: Balboa Boulevard Landscape Improvements
City of Newport Beach
Dear David:
•
Thank you for the opportunity to present a fee proposal to provide basemapping, preliminary
engineering, and construction documents related to the landscaping and irrigation within Balboa
Boulevard in the City of Newport Beach. The following details our project understanding,
proposed scope of work, and estimated fee.
Proiect Understanding
The City of Newport Beach is planning landscape and irrigation improvements within Balboa
Boulevard from West Coast Highway to 22nd Street. The improvements will be based on your
conceptual design dated November 2011 with the exception of no improvements in the area of
Mix Master. The improvements are expected to include construction of raised medians, tree
wells and new landscape and irrigation services. No improvements are expected within
Caltrans right of way at West Coast highway.
Scone
CWE shall complete the following tasks:
Task f - Survey
• Prepare aerial basemap.
• Locate record street centerline and street right of way.
• Complete one day of detailed ground survey at specific areas as required.
We will prepare aerial basemaps for the project. This will involve flying the entire project limits,
setting survey controls, and locating the street centerline. The existing street right of way will be
based on the City's GIS system and APN maps. It is assumed the City will provide access to
the latest GIS information.
We are also including one day of detailed ground topographic survey within the project limits.
The ground survey would be used to pick up specific information not shown on the aerial and
required for the design.
3151 Airway Avenue, Suite T -1 . Costa Mesa . CA . 92626 .
T 714.966.9060 . F 714.966.9085 . www.civilworksengineers.com
0 0
Balboa Blvd
David Volz Design
Note, it is our understanding that the City recently completed work within the project area and as
such may have survey controlled basemap. If an acceptable basemap showing the project
limits is available from the City, this task may be reduced or removed from our scope.
Task 2 - Preliminary Engineering
• Research and prepare basemap showing existing utilities within the street.
• Visit the site to verify the basemap, determine any constraints and photograph the
existing conditions.
• Prepare preliminary layout of proposed medians and tree wells.
• Attend design meetings at the City.
• Coordinate with project team.
It appears an existing sewer main is located at the center of the street. It is assumed the City
has approved installing medians and new landscaping over the sewer pipe.
Task 3 - Construction Documents
Using the City approved preliminary layout,
including:
• Title Sheet
• Typical Sections
• Street Improvement Plan
• Water Service Details
• Street Construction Details
prepare civil related construction documents,
• Prepare construction quantities and estimate
• Prepare civil related specifications.
• Respond to plan check comments.
• Attend design meetings at the City.
• Coordinate with project team.
Construction of street medians will be shown as a typical detail, profile of the new curbs is not
included. Construction documents will be submitted to DVD.
Task 4 - Construction Support
• Respond to RFIs and review civil related shop submittals.
• Prepare as -built plans based on redlines provided by the City /Contractor.
• Visit the site as requested by the City.
Fee
Our fee to complete the above work is:
Task 1 - Survey $ 20,845
Task 2 - Preliminary Engineering $ 4,925
Task 3 - Construction Documents $ 16,375
Task 4 - Construction Support $ 1,950
TOTAL $ 44,095
2of3
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Exclusions
The following items are excluded from our scope:
• Irrigation and landscape design and calculations
• Utility modifications, relocations, redesign due to conflicts with new improvements
• Traffic control plans
• City processing
• Plan check and inspection fees
• Caltrans improvements and processing
• Coastal Commission coordination and processing
If you have any questions please call David Grantham at 714 - 966 -9060. We look forward to
working with you again.
Sincerely,
Marie Marston, P.E.
President
3of3
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EXHIBIT B
SCHEDULE OF BILLING RATES
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EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -1
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1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -2
! 0
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -3
0 •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist Is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 8/28/12 Dept. /Contact Received From: Tania Moore
Date Completed: 8/28112 Sent to:
Company /Person required to have certificate:
Type of contract:
0
David Volz Design
Renee
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/14112 to 3114/13
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+ XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000 /$2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTIONI (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ NIA N Yes ❑ No
Il. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION
DATE: 3/14/12 to 3/14/13 -
A.
INSURANCE COMPANY: RLI Insurance
B.
AM BEST RATING (A-: Vtl or greater) A+ XI
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,006
E.
LIMITS Waiver of Auto Insurance I Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A N Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA 9 Yes ❑ No
r I
L
11
111. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/14/12 to 3/14113
A. INSURANCE COMPANY, RLI Insurance Company
B. AM BEST RATING (A-: VII or greater): A+ X1
C. ADMITTED Company (Must be California Admitted): Z Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory Z Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? 9 Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: 0 NIA ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
8/28/12
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
0 N/A ❑ Yes ❑ No
Z NIA ❑ Yes ❑ No
rtwirkF-Emw M-
EI Yes Ej No
RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than _; No -1 Yes El
Self Insured Retention or Deductible greater than $ E
_) ❑ N/A
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
• •
A41I O CERTIFICATE OF LIABILITY INSURANCE
8/27/2012 )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
Certificate holder in lieu of such endorseman s .
PRODUCER
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
CONTACT Aimee Is Rue
NAME _
FNONE 5714)731 -7700 FAX Ne).(714) 731 -775D
E-MAIL .Aimee@ cornerstonespecialty.com
INSURERS) AFFORDING COVERAGE
NAICN
INSURERARLI Insurance Co_m an
13056
_
INSURED
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC.
151 Kalmus Drive, Ste. M -8
Costa Mesa CA 92626
INBENEBRIS -,Liberty Insurance Underwriters
19917
INSURERC:
D:
D:
INSURER E:
S 1,000,000
INSURERF:
X COMMERCIAL GENERAL LIABILIN
CLAIMS -MADE OX OCCUR
COVERAGES CERTIFICATE NUMBER: - REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
D
POLICY NUMBER
POLICY YEFF
MMIDCDYEXP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
S 1,000,000
A
X COMMERCIAL GENERAL LIABILIN
CLAIMS -MADE OX OCCUR
X
PSB000140a
/14/2012
/14/2013
AGES Ea e
$ 1,000,000
MEd EXP (Any one ersan
S 10,000
PERSONAL B ADV INJURY
$ INCLUDED
• ADDTL INSURtiD /PRINARY
PER FORM fPP36040610
•
BLNAT FIVR OF SURRO
GENERAL AGGREGATE
$ 2,000,000
AS REQUIRED BY WRITTEN
GENL AGGREGATE
LIMIT APPLIES PER:
PRODUCTS - COMPIOPAGG
$ 2,000,000
CONTRACT
POLICY
1XI PRO LOG
IFff
MNTRACTUAL LIAR INCLD
$
AUTOMOBILE
UABNTY
COMBINED Menl SINGLE LIMIT
1,000,000
BODILY INJURY (Per person)
S
A
ANY AUTO
ALLOWNED SCHEDULED
AUTOS AUTOS
580001408
/14/2012
/1412013
BtJf.NLY INJURY (Per ecgtlam)
$
X
F RTY DAMAGE
$
HREDAUTOS X AUTOS D
UMBRELLA LUIB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS DAB
CLAIMSlMADE
DELI I I RETENTION
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETIXWARTNER /EXECUTIVE --1
#�ndUM In BEU EXCLUDE07
NIA
SMOD1346
/14/2012
/1412013
X ISTATU- OTH
ORYUM
-
E.L.EACHAWDENT
$ 1 000 000
EL DISEASE- EA EMPLOYEE
8 1 040 000
CAS, gte under
DESCRIPTION OF OPERATIONS Wkw
E.L. DISEASE -POLICY LIMIT
$ 11000,00
B
PROFESSIONAL LIABILITY
00668 -0001
/14/2012
114/2013
EACH CLAIM $1,000,000
Claims Made
ANNUALAGGREGATE $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aaaa ACORD 101, AcI iff"al remade Sclw4ule, IT more space hregv"vetl}
RE: The West Newport Landscaping Revitalization project_ Certi£acate Holder is Additional Insured for
General Liability but only if required by written contract with the Named Insured prior to an occurrence
and as per attached endorsement. Coverage is subject to all policy terms and conditions. Workers' Comp
waiver of subrogation endorsement included. *30 days notice of cancellation, except for 10 days notice
for non- payment of premium. For professional Liability coverage, the aggregate limit is the total
insurance available for all covered claims reported within the policy period.
City of Newport Beach
Public Works Dept.
Attn: Angela Liu
3300 Newport Blvd,
Newport Beach, CA 92658
25 12n1n /n51
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
La Rue /AINEEL
INS025 l9nimm m Thn ACORn namc and Irmo am rnni.farad mark. of ACORn
CORPORATION. All rights reserved.
C
''� °P CERTIFICATE OF LIABILITY INSURANCE
8/2 i 010 2 Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement (s).
PRODUCER
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
CONTA CT Aimee La Rue
PRONE (714)731-7700 IArc. kam:(714) 431 -7750
dWRE66 ,Aimee, @ comer atonespecialty. com
INSURER(S)AFFORDUIGCOVERAGE
NAM If
INSURERAALI Insurance Company
1.3056
INSURED
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC.
151 Italmus Drive, Ste. M -B
Costa Mesa CA 92626
INSURER B:Libert Insurance Underwriters
19917
INSURERC:
W
INSURERD:
_
INSURERE:
S 1,000,000
INSURER F:
$ 1,000,000
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTRR
TYPE OFINSURANCE
A
POLICY NUMBER
POLICYEFF
YEXP
OMITS
GENERAL LIABILITY
EACH OCCURRENCE
S 1,000,000
p EMI IEaoccure
$ 1,000,000
A
X COMMERCIAL GENERAL LABILITY
CLAIMS -MADE OCCUR
X
PSBOOD1408
/1412012
/14/2013
MED EXp A.n or personj
$ 10,000
PERSONAL& ADV INJURY
$ INCLUDED
X ADDTL INSURED /PRIMARY
PER FORM #PPB6040610
X
WVR OP SUBRO
GENERAL AGGREGATE
$ 2,000,000
AS REQUIRED BY WRITTEN
_BLNRT
GENT AGGREGATE
LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$ 2,000,000
CONTRACT
POLICY
X PRO- LOC
ONTRACTUAL LIAR INCLD
$
AUTOMOBILE
LIABILITY
EeaWINEG SINGLE LIMIT
1,000,000
BODILY INJURY(Perperson)
$
A
ANY AUTO
ALL AUTOS ED SCHEDULED
AUTOS
X
680001408
/14/2012
/14/2013
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
$
HIRED AL1Tp5 X ANUTN -OWNED
UMBRELLA OAS
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
OED REFEN ICN$
$
A
WORKERS COMPENSATION
ANDEMPLOYERS'UABILITY YIN
ANY PROPRIEfORJPARTNER( ECUTIVE
OFFICERNEMBER EXCLUOED9
(Mandatory in NH)
N7A
BW0001346
/14/2012
/14/2013
WCSTATU- 0TH -
X TORY I WITS I I E9
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYE
$ 000
If yes W,Wbe under
DE SORPTION OF OPERATIONS lhs w
E.L. DISEASE - POLICY UNIT
_1,000
$ 1 000 000
B
PROFESSIONAL LIABILITY
A100668 -0001
/14/2012
_
/14/2013
EACH CLAIM $1,000,000
Claims Made
ANNUALAGGREGATE $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more Space u mquhed)
RE: West Newport Landscape Enhancement Project, Balboa Blvd. from West Coast Hwy to 22nd Street, The City
and its officers, officials, employees, and agents are Additional Insured for General and Non -Owned 6
Hired Auto Liability but only if required by written contract with the Named Insured prior to an
occurrence and as per attached endorsement, including waiver of subrogation. workers' Comp waiver of
subrogation endorsement included. Coverage is subject to all policy terms and conditions. X30 days notice
of cancellation, except for 10 days notice for non - payment of premium.
(949)644 -3316
City of Newport Beach
Public Works Department
Attn: Iris Lee, Sr. Civil Engineer
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
ACORD 25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
REPRESENTATIVE
La Rue /AIMEEL
01988.2010 ACORD CORPORATION. All rights reserved.
IMSO25t701fs im ThaAr:APn namnar,AI+rrtn am rnnFetnreri marina of Ar`npn
f !
COMMENTS /REMARKS
For Professional Liability coverage, the aggregate limit is the total insurance available
for all covered claims reported within the policy period.
' OFREMARK COPYRIGHT 2000, AMS SERVICES INC. '
Policy Number: PSB0001408 RLI Insurance Company
Named Insured: David Volz Design Landscape Architecture, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPac FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COVERAGE FORM - SECTION 11— LIABILITY
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with "your work" and included
within the "product- completed operations
hazard ".
2. The Insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services ".
c. This endorsement does not increase any of the
limits of insurance stated In D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION 11 —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non - contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2. Transfer
of Rights of Recovery Against Others to Us —
COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION 11 —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury', "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a contract
or agreement with such person or organization
entered into by you before the "bodily injury' or
"property damage" occurs, or the "personal and
advertising injury' offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 06 10 Page 1 of 1
! #
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313
(Ed.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS OR ORGANIZATIONS
THAT ARE PARTIES TO A CONTRACT
THAT REQUIRES YOU TO OBTAIN
THIS AGREEMENT, PROVIDED YOU
EXECUTED THE CONTRACT BEFORE
THE LOSS.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 311412012 Policy No. PSWO001346 Endorsement No- 1
Insured David Volz Design Landscape Architecture, Inc. Premium INCLD
Insurance Company RLI Insurance Company
WC 00 0313
!FA A -W
® 1983 National Council on Compensation insurance.
CITY OF
A�PdRa
N BEACH
EWPORT
City Council Staff Report Agenda Item No. 11
August 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949- 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
,h q )07-
APPROVED: (_ -A}--
TITLE. Approval of Professional Services Agreement with David Volz
Design Landscape Architects, Inc., for Balboa Boulevard
Landscape Enhancement Project
ABSTRACT:
Landscape Architect and Engineering design services are needed for the Balboa
Boulevard Landscape Enhancement Project. Staff requests approval of a professional
services agreement to hire a consultant to perform the design work tasks and prepare
the construction documents.
RECOMMENDATION:
Approve a Professional Services Agreement (PSA) with David Volz Design Landscape
Architects, Inc. of Costa Mesa, CA for West Newport Landscape Enhancement Project
Landscape Architect and Engineering Design Services at a not -to- exceed price of
$243,530.00 and authorize the Mayor and the City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this project. It will be
expensed to the General Fund account in the Public Works Department, 7013 -
C2002063.
DISCUSSION:
In 2011, the City Council's Ad -Hoc Neighborhood Revitalization Committee (NRC)
created a five - member Citizen Advisory Panel (CAP) to guide the development of
several Landscape Revitalization Conceptual Plans in West Newport.
Recommendations formulated by the CAP apply to three street segments in the City: (1)
Balboa Boulevard from West Coast Highway to 22nd Street; (2) West Coast Highway
Approval of Professional Services Agreement with David Volz Design Landscape Architects, Inc., for Balboa
Boulevard Landscape Enhancement Project
August 14, 2012
Page 2
from the Santa Ana River to Newport Boulevard; and (3) Superior Avenue from
Ticonderoga Street to West Coast Highway.
As part of the 2412 -2413 Fiscal Year Capital Improvement Project Budget, City Council
approved funds to prepare construction documents for Balboa Boulevard from West
Coast Highway to 22nd Street. These construction documents will build upon the CAP
and Council approved conceptual plans, developed by David Volz Design Landscape
Architects, Inc. (DVD), with focus on the following emphasis recommended by NRC and
CAP:
• Recognizing the West Coast Highway /Balboa Boulevard intersection as the
`gateway" to the West Newport neighborhood and the creation of a landscape
and signage plan specifically for the intersection;
• "Greening" of Balboa Boulevard through median expansion and planting,
parkway and bulb -out planting, green screens at curb and residential walls where
possible and appropriate; and
• Improving pedestrian experience along Balboa Boulevard.
Given DVD's intimate project knowledge and background obtained with development of
the concept plans, staff recommends retaining DVD through a single - source process,
pursuant to Council Policy F -14, to prepare the project construction documents to
ensure continuity. Proposed fees were also negotiated to ensure competitive pricing
compared to similar firms for similar scope of work. The scope of DVD's professional
services will generally include the following:
Design Development, which includes preliminary plan layout and material
selection;
« Community Outreach, which includes graphic illustrations and presentations to
the public, committees, commissions and /or City Council, if necessary; and
• Construction Documents, which includes the construction plan details and
incorporation of civil improvements.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA ") pursuant to Section 15301 (negligible expansion of
an existing use) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
0 0
Approval of Professional Services Agreement with David Volz Design Landscape Architects, Inc., for Balboa
Boulevard Landscape Enhancement Project
August 14, 2012
Page 3
The improvements will be constructed primarily in existing raised medians and parkway,
with the exception of a couple of additional small raised landscaped median islands that
will be introduced along Balboa Boulevard. The construction of these islands will not
require acquisition of right -of -way or expansion of Balboa Boulevard as they will fit
within the footprint of the existing painted medians, without significantly changing or
impacting traffic circulation.
There are no biological resources within the public right -of -way.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted bv:
Attachments: A. Balboa Boulevard Concept Plan
B. Professional Service Agreement
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ATTACHMENT 6
i
DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH DAVID VOLZ- DESIGN LANDSCAPE ARCHITECTS, INC. FOR
BALBOA BOULEVARD LANDSCAPE ENHANCEMENT PROJECT I
i
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of ` 2012 CEffective Date ") by
and between the 'CITY OF NEWPORT BEACH, a California Municipal Corporation
{"City'), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California
Corporation ( "Consultant "), whose address is 151 Kaimus Drive, Suite M8, Costa Mesa,
CA 92626 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charier of City.
B. City; desires to engage Consultant to provide professional landscape design and
engineering services for the Balboa Boulevard Landscape ,Enhancement Project
( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be David J.
Volz [
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement,
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties' as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate an June 30, 2014 unless terminated earlier as set forth herein.
2.' SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ("Services" or "Work "). The City may
elect to delete certain services within the Scope of Services at its sole discretion.
l
3. TIME OF PERFORMANCE
i
3.1 Time is of the essence in the performance of Services under this j
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) of the occurrence causing the delay to the other
party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant' s' control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand- delivery or mail:
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for,all Work performed in
accordance with this Agreement, including all reimbursable items and subconsuitant
fees, shall' not exceed Two Hundred Forty -Three Thousand, Five Hundred Thirty
Dollars and 00 /100 ($243,530.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, _a brief' description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description' of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
43 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically', approved in writing in
advance by City.
DESIGN LANDSCAPE ARCHITECTS; INC. Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
S. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David J.'Volz to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non key personnel
5.2 Consultant, at the sole discretion of City,` shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of j
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is
performing inspection services for City, the Project �
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris Lee,
Senior Civil Engineer, or his/her designee, shall be the Project Administrator and shall
have the authority to act for City under this Agreement The Project Administrator or
his /her designee shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with 'City's reproduction company. All other reproduction will be the
responsibility of Consultant.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 3
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7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant ;represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All 'Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard,'
8.4 C
responsible for
lockouts, accid
approve or dis
City, contractor
9. HOLD H
9.1 T
and hold harm
volunteers and
iultant represents and warrants to City that it has, shall obtain, and
rce and effect during the term hereof, at its sole cost and expense, all
qualifications, insurance and approvals of whatsoever nature that is
Consultant to practice its profession. Consultant shall maintain a City
business license during the term of this Agreement.
- ultant shall not be responsible for delay, nor shall Consultant be
napes or be in default or deemed to be in default by reason of strikes,
acts of God, or the failure of City to furnish timely information or to
rove Consultant's Work promptly, or delay or faulty performance by
r governmental agencies.
MLESS
e fullest extent permitted by law, Consultant shall indemnify, defend
City, its Gity Council, boards and commissions, officers, agents,
ployees (collectively, the "Indemnified Parties) from and against any
uding, without limitation, claims for bodily injury, death or damage to
Is, obligations, damages, actions, causes of action, suits, losses,
>enalties, liabilities, costs and expenses (including, without limitation,
>bursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may liable or any or all of them.
I
9.2 Notwi
require' Consultant
sole negligence,
Nothing in this inde
in any action on or
standing the foregoing, nothing herein shall be construed to
indemnify the Indemnified Parties from any Claim arising from the
ive negligence or willful misconduct of the Indemnified Parties.
inity shall be construed as authorizing any award of attorney's' fees
enforce the terms of this Agreement. This', indemnity shall apply to
N LANDSCAPE ARCHITECTS, INC. Page 4
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all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
14. INDEPENDENT CONTRACTOR I
I
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or .employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or Its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City s designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's' Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies. i+
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
,scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant, shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided 'under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint - venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor, for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, 'draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be ;prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense; provide such Documents to City upon prior written request.
17.2 Documents, including :drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written 1
authorization from - Consultant will be at City's sole risk and without liability, to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 6
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17.3 All improvement and/or construction plans shall be prepared with indelible '
waterproof ink or electrostaticly plotted on standard twenty-four inch (24 ") by thirty -six l
inch (36 ") Mylar,with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (:fiN files of all final sheets within ninety (94)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available .from the City's Public'
Works Department.
18. COMPUTER DELIVERABLES
i
CADD data delivered to City shall include the professional stamp of the engineer'
or architect in charge of or responsible for the Work, City agrees that Consultant shall
not be liable for claims; liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, :excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City In the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's 'Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
1
19. CONFIDENTIALITY'
All Documents, including drafts, preliminary drawings' or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. OPINION OF COST
I
Any opinion of the construction cost" prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
i
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, i
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 7
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22. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.'
23, WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute, with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement Consultant shall
not discontinue Work as a result of such withholding. Consultant shall 'have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the eventof errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.9 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 8
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City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Iris Lee, Senior Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3323
Fax: (949) 644 -3318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David J. Volz
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Phone: (714) 641 -1300
Fax: (714) 641 - 1323
28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this ,,Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
i
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the 'performance of this Agreement. if such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 9
f�,
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days 'prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted, In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 Waiver. A waiver by either party, of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term; covenant or condition contained herein, whether
of the same or a different character.
300 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by
City Attorney.
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 10
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30.7 Severability. If any term or portion of this Agreement is held to be Invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
34.9 Equal Opportunity Employment. 'Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.10 No Attomey's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys fees.
30.11 Counterparts. This Agreement may be ;executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: ` CITY OF NEWPORT BEACH,
CITY ATTO NE 'S OFFICE A California municipal corporation
Date: '7 t; Date:
4AaHa By: By:
r p Nancy Gardner
ney ,tl Mayor
ATTEST: CONSULTANT: DAVID VOLZ DESIGN
Date: LANDSCAPE ARCHITECTS, INC. a
California corporation
Date:
By: By: j
Leilani I. Brown David J. Volz
City Clerk President and Secretary
Dater
By:
David J. Volz
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B Schedule of Billing Rates'
Exhibit C - Insurance Requirements
docurmnd
C?AVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
June 14, 2012
REVISED JULY2, 2012
Ms. Iris Lee, P.E. '
Sr. Civil Engineer
3300 Newport Boulevard
Newport Beach, CA
l�
uo+dscape /rchttects a�.d paNz Fiaowters Dwaum
www.4mildesign.com
lJome Office
151 Kalmus Drive, Suite. M8
Costa Mesa,CA 92626
phone 714.641.1300
fox 714.641;1323
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
phone 760.580.5165
fax 760.564.0369
KG: VVrO 1':IVGVVrUK I LIANUOL AtoG- GIVi7FtIVl G1VIFIV 1 CKIJJr—%11
BALBOA BOULEVARD FROM WEST COAST HIGHWAY TO
22no STREET
Dear Ms. Lee,
The West Newport Citizens' Advisory Committee envisioned a great landscape
enhancement of this important thoroughfare, the western', gateway to the Balboa
Peninsula- Staying within the public right of way and respecting the important function
of this high traffic street, the committee has put forth a plan to add significant green
space to the median ° and parkway areas. This first phase of the West Newport
improvements will also provide design for the proposed street corner enhancements at
the southwest corner of Coast Highway and Balboa Boulevard. This corner landscape
enhancement will include new identity sign, sidewalk improvements and pedestrian
amenities.
David Volz Design proposes to provide the design and engineering services required to
further develop the concepts and to prepare construction, documents for this project.
Our team is looking forward to working with you and the Newport Beach Public Work's
staff to ready this work for funding, bidding, and construction. The following, project
scope and proposed,, services will deliver plans and specifications for the described
project. Our work plan includes design development, preliminary engineering and final
construction documents.
Project Scope
The following segments make up the project scope. The anticipated improvements are
defined conceptually in the West Newport Landscape CAP documents that were
prepared at the end of last year. Below is a general description of the proposed
construction program.
— Aestgining LaKdsaapes that CreatC cotunau�fta .
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1. Balboa Boulevard from West Coast Highway to 32°d Street
The existing landscaped medians along this reach will be cleared of all
landscape and pavement, except the palm trees, and replanted with new
Iandsca pas '(approximately 16,000 s.f.). The construction of new landscaped
medians will be built as depicted on the concept plans (18,500 s.f.) Parkway
improvements with new landscaped pavement in approximately 45 locations will
be designed along the street edge. The two bus stop areas will be improved with
new landscapes. A new irrigation system will be installed along the length of this
street. The construction budget for this work is one million dollars:
2. Balboa Boulevard to 22nd Street
This work will be a continuation of the landscape improvements identified above.
All street medians will be new constructions (approximately 6,900 s.f.). Street
edge enhancements will include 14 new tree pop -out locations and improved
landscape at the 26u' Street parking lot (4,000 s.f.). The construction budget
estimate for this work is $350,000.
S. Balboa Boulevard and West Coast Highway Comer Improvements
These proposed improvements are depicted conceptually within the documents
prepared for the West Newport Landscape CAP. Further definition is needed in
order to determine the exact improvements to be implemented. The first phase
of development will include the south western corner. The other comers will be
designed in future phases.
Southwest Corner
A new city monument sigh, landscape and sidewalk enhancements and walls
and seating are anticipated at this corner. The construction budget estimate
for these improvements is $180,000,
Services To Be Provided:
David Volz Design proposes to provide the following services to prepare construction
documents for the above identified improvement program.
PHASE I DESIGN DEVELOPMENT
f. Project Initialization
1.01 Initial kickoff meeting
a. Review project criteria + program objectives
b. Review procedures + design schedule
c. Assign calendar dates to each milestone
1.02 Data Collection
a. Prepare site base maps; city to supply survey data for existing
street improvements
b. Collect utility information + record documents
c. Catalogue available documents + plans
1.03 Perform Field Investigations /Staff Design Workshop
a Review site + conduct workshops with city maintenance personnel
b: Confirm opportunities + potentials identified in concept plans
c. Identify constraints + existing conditions
d. Document design development areas
2. Design Development
2.01 Prepare layout plans + select materials
a. Prepare initial design details
b. Submit materials list for review
c. Finalize design development plan with city staff
d Identify order of magnitude construction costs
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S. ';Design Development Presentations
3.01 Prepare Graphic illustration' of improvement details
3.02 Identify Costs + Alternatives
3.03 Present to committee, commission or council as necessary
3.04 Annotate design development documents Based Upon Input from City
Staff
PHASE I MEETINGS + DELIVERABLES
• 5 Meetings with City Staff Anticipated
• Comr,nission Presentation (if needed)
• Site Base Map /Preparation
• Design Development details and materials
submittal
• Construction Budget Estimate
• Identify civil engineering scope of work
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PHASE 11 CONSTRUCTION DOCUMENTS
1. Construction Documents
1.01 Construction Plans
a. Demolition plan
b, Construction plan + details
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PROFESSIONAL FEES
David Volz Design proposes to provide the identified scope of services on a time and materials
basis. The proposed total fee estimate for these services is $195,690, plus $24,495 estimate
for civil engineering. Electrical engineering, structural engineering and other professional
support services are not anticipated to be needed at this time. Reimbursable expenses will be
billed at cost plus 15 %. The estimated reimbursable cost is $2,500. The attached spreadsheet
indicates the initial allotment of hours by task and item The total proposed fee budget is
$243,530,00.
Invoicing will be prepared monthly for the hours expended. A listing of hours by task and
personnel can be provided when requested. Post design services and other services not
specifically listed are not included in this proposed fee.
PROJECT SCHEDULE
David Volz Design proposes to work closely with the City to accomplish the tasks identified in an
efficient and mutually agreed upon schedule. The following schedule should allow for ample
City reviews and time to prepare the project deliverables.
Phase I Design Development
• Project Initialization 3 weeks
• Design Development 8 weeks
• Design Development Presentations As Needed
Phase II Construction Documents
1. Construction Documents Preparation 12 weeks
2. City Review 4 weeks
3. Final Construction Documents 3 weeks
David Volz 'Design is looking forward to providing the project services to enable bidding and
construction of this great improvement project. We are looking forward to working with you and
all of the Newport Beach City staff to ensure a successful implementation of the version
developed through the concept phase work that was completed last year.
will lead the DVD efforts and be your point of contact throughout this commission. Should you
have any questions about this proposed or our proposed work effort, please do not hesitate to
call
Very truly yours,
D id J. VoIz, RLA #2375
LEED Accredited Professional, QSD /P
Attachment: Civil Proposal
G✓awarks enri neers
June 28, 2092
Mr, David Volz
David Volz Designs
159 Kalmus Drive, Suite M8
Costa Mesa, CA 82626
Subject: Balboa Boulevard Landscape Improvements
City of Newport Beach °
Dear David:
Thank you for the opportunity to present a fee proposal to provide basemapping, preliminary
engineering, and construction documents related to the landscaping and irrigation within Balboa
Boulevard in the City of Newport Beach. The following details our project understanding,
proposed scope of work, and estimated fee;
Proiect Understandinct
The City of Newport Beach is planning landscape and irrigation improvements within Balboa
Boulevard from West Coast Highway to 22nd Street. The improvements will be based on your
conceptual design dated November 2011 with the exception of no improvements in the area of
Mix Master. The improvements are expected to include construction of raised medians, tree
Wells and new landscape and irrigation services. No Improvements are expected within
Caltran"s:right of way at West Coast highway.
ScoAe
CWE shall complete the following tasks:
Task 9 - Survey
• Prepare aerial basemap.
• Locate record street centerline and street right of way.
• Complete one day of detailed ground survey at specific areas as required.
We will prepare aerial basemaps for the project. This will involve flying the entire project limits,
setting survey controls, and locating the street centerline. The existing street right of way will be
based on the City's GIS system and APN maps. It is assumed the City will provide access to
the latest GIS information.
We are also including one day of detailed ground topographic survey within the project limits.
The ground survey would be used to pick up specific information not shown on the aerial and
required for the design.
3151 Airway Avenue, Suite T -i Costa. Mesa . CA . 92626
T 714.966:9060 F 714.966.9085 . www,civilworksengineers com
Balboa Blvd
David Volz Design
Note, it is our understanding that the City recently completed workwithin the project area and as
such may have survey controlled basemap. If an acceptable basemap showing the project
limits is available from the City, this task may be reduced or removed from our scope.
Task 2 - Preliminary Engineering
• Research and prepare basemap showing existing utilities within the street.
• Visit the site to verify the basemap, determine any, constraints and photograph the
existing conditions
• Prepare preliminary layout of proposed medians and tree wells.
• Attend design meetings at the City.
• Coordinate with project team:
It appears an existing sewer main is located at the center of the street. It is assumed the City
has approved installing medians and new landscaping over the sewer pipe.
Task 3 - Construction Documents
• Using the City approved preliminary layout, prepare civil related construction documents,
including:
• Title Sheet
• Typical Sections
• Street Improvement Plan
• Water Service - :Details
• Street Construction Details
• Prepare construction quantities and estimate
• Prepare civil related specifications.
• ''> Respond to plan check comments.
• Attend design meetings at the City.
• Coordinate with project team.
Construction of street medians will be shown as a typical detail, profile of the new curbs is riot
included. Constnactlon documents will be submitted to DVD.''
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Task 4 - Construction Support
• Respond to RFIs and review civil related shop submittals.
• Prepare as -built plans based on redlines provided by the City /Contractor. 'I
• Visit the site as requested by the City.
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Fee
Our fee to complete the above work is:
Task 1- Survey $20,845
Task 2.- Preliminary Engineering $ 4,925
Task 3 - Construction Documents $ 16,375
Task 4 Construction Support $ 1,950
TOTAL $ 44,095
2 of 3
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Balboa Blvd
David Volz Design
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Exclusions
The following items are excluded from our scope: j
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• Irrigation and landscape design and calculations
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• Utility modifications, relocations, redesign due to conflicts with new improvements
• Traffic control plans
• City processing
• Plan check and inspection fees
• Caltrans improvements and processing
• Coastal Commission coordination and processing
If you have any questions please call David Grantham at 774- 966 -0060, We look forward to
working with you again.
lS,incerely,
Marie Marston, P.E.
President
3of3
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page B -1
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EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of :Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing :coverage to comply and that coverage does not meet these requirements, ,
Consultant agrees to amend, supplement or endorse the existing coverage,
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyhoiders''Rating
of A- (or higher) and Financial Size Category Class V11 (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
13 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, ,statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1;000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1' Consultant shall submit to City, along with the certificate
of insurance, a Waiver ofSubrogatioh endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided, by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars '($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract;
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.'
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -1
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1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed I
in, connection with this Agreement, in the minimum amount of one million dollars
($100,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1- Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its eleoted or, appointed officers, ,agents, officials, employees and votunteees or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their •right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non! Contributory. All liability coverage shall apply on
a' primary basis and shall not require contribution from any insurance or self - insurance
maintained by City,,'
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1:5 Additional Agreements Between the Parties. The parties hereby agree to
the following: 1-
i.
1.5.1 ' Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -2
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such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions, Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage,
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a`waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue, and is not intended by any party or insured to be all
Inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Setf- insured Retentions, ' Any self- insured retentions must be
declared to and .approved by City. City reserves the might to require that :self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or ! any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City !shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.'
1.57 Timely Notice of .Claims:' Consultant shall give City prompt and
timely notice of claims rnade or suits instituted that arise' out of or result from
Consultant's performance 'under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8' Consultant's insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its 1
own judgment may be necessary far its proper protection and prosecution of the Work. j
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DAVID VOLZ DESIGN LANDk— A'EARCHITECTS, INC. Page C -3